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Night work of private sector employee
Verified 08 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Night work is justified by the need to ensure the continuity of the business. He must be exceptional. The working night period shall be a minimum of 9 hours. In some sectors (e.g. the press) this period is 7 hours. Beyond a certain frequency, the employee is considered as a night worker and enjoys special rights.
What applies to you ?
You depend on a collective agreement
The period of night work is defined by collective agreement. This period is different in some industries.
General case
Your collective agreement defines the period of night work.
This period is 9 hours in a row. It includes the interval between midnight and 5 a.m.
This period shall start at 9 p.m. and end at 7 a.m. at the latest.
Press
In the area of editorial and industrial press production, the working night period is 7 hours in a row or more. It includes the interval between midnight and 5 a.m.
Radio, television, cinema
The night work period is 7 hours in a row or more. It includes the interval between midnight and 5 a.m.
Live shows or discos
The night work period is 7 hours in a row or more. It includes the interval between midnight and 5 a.m.
Retail trade in international tourist areas (ITZs)
Night work begins before 10 PM
In retail establishments located in International tourist areas (ITZ), the working night period shall be 9 hours in a row or more.
It includes the interval between midnight and 7 a.m.
Night work begins after 10 PM
In retail establishments located in International tourist areas (ITZ), the working night period may be less than 9 hours. It shall be at least 7 consecutive hours. It includes the interval between midnight and 7 a.m.
The collective agreement defines the employees concerned.
It states:
- Frequency and number of hours worked at night
For example: employee who works 2 times a week, 2 hours of work on the night time range - Minimum number of hours worked at night and the reference period
Example: employed person who works 200 hours on the night shift of the 1to January to 31 December
Search for Collective Agreement
FYI
the night work for young people under 18 is prohibited. In certain sectors (e.g. bakery), derogations from this prohibition may be given by the labor inspector.
Daily Duration
The collective agreement defines the maximum daily hours of night work.
In the absence of any details in the agreement, the daily working night may not exceed 8 consecutive hours.
Weekly Duration
The collective agreement defines the maximum weekly hours of night work.
This period, calculated over a period of 12 consecutive weeks, may not exceed 40 hours per week on average.
If the activity of the sector so warrants, the collective agreement may increase this maximum weekly duration to 44 hours over 12 consecutive weeks.
The collective agreement defines the duration of daily rest. In the absence of any details in the agreement, the night worker shall benefit from daily rest from 11 hours taken after the period worked.
The collective agreement fixes the counterparties to night work. These counterparties in the form of compensatory rest are compulsory. A salary increase may be added to the compensatory rest.
FYI
the collective agreement may also provide for compensation for an employee who does not have the status of night worker (for example, a salary increase for exceptional night work).
Being a night worker allows the employee to benefit from a number of guarantees.
Medical monitoring
Before being assigned to a night shift, the night worker must pass an information and prevention visit.. This visit is carried out by a health professional (working doctor, nurse for example).
The occupational doctor may prescribe additional specialized examinations which are the responsibility of the employer.
Can an employee be forced to work at night?
The change from a day to a night shift is a modification of the employment contract which the employee does not have to accept.
General case
The employer cannot impose night work on a day worker.
Assignment to a night shift is a amendment of employment contract the employee is entitled to refuse. If the employee refuses, the employer may cancel the proposed modification of the employment contract or start a redundancy procedure.
Imperious family obligations
If night work is incompatible with pressing family obligations (e.g. childcare), the employee's refusal to work at night does not constitute misconduct or grounds for dismissal..
Return to day position
In some cases, the night worker may be assigned to a day shift.
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Imperious family obligations
If night work is incompatible with pressing family obligations (e.g. childcare), the employee may apply to work on a day shift subject to an available position.
Health reasons
If the employee's health condition, as determined by the occupational doctor, so requires, he shall be assigned to a day shift. This position corresponds to his qualification.
At his request or if the occupational doctor recommends it, the pregnant employee or having just given birth has been reclassified to a "day" position.
Personal Suitability
If the employee wishes to take up or resume a day job, he shall be given priority for the award of a job belonging to his occupational category or an equivalent job.
The employer shall inform him of the corresponding available jobs.
FYI
this employment priority also applies if a day worker wishes to take up or resume a night shift.
Other situation
Any work done between 21 hours and 6 hours is considered night work.
If the characteristics of the business justify it, the labor inspector may authorize the definition of another period.
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General case
Any work performed during a reporting periodat least 9 consecutive hours including the interval between midnight and 5 o'clock is considered night work.
The night work period shall begin at 9 p.m. and end at 6 a.m...
If the characteristics of the business justify it, the labor inspector may authorize the definition of another period. This decision shall be taken after consultation of the trade union representatives and, if they exist, after consultation of the social and economic committee.
Press
In the area of editorial and industrial production of the press, the working period between midnight and 7 a.m. is considered as night work.
Radio, television, cinema
The period of work completed between midnight and 7 a.m. is considered night work.
Live shows or discos
The period of work completed between midnight and 7 a.m. is considered night work.
Retail trade in international tourist areas (ITZs)
In retail establishments located in International tourist areas (ITZ), work performed between 9 p.m. and 6 a.m. is considered night work.
The conditions for applying the night worker status shall be assessed within the normal working hours of the employee. An employee shall be regarded as a night worker if he performs:
- at least 2 times per week, according to his regular working schedule, at least 3 hours of night work
- or 270 hours at night over a reference period of 12 continuous months..
In retail establishments of ZTI the hours completed in the evening (between 9 pm and the beginning of the night period) are taken into account to have the status of night worker.
FYI
the night work for young people under 18 is prohibited. In certain sectors (e.g. bakery), derogations from this prohibition may be given by the labor inspector.
Daily Duration
The daily working night shall not exceed 8 hours in a row..
In exceptional circumstances, the labor inspector may authorize the overrun of 8 consecutive hours. In this case, the employer consults with the union representatives and requests the opinion of the social and economic committee. In the absence of a representative institution for employees, the employer will provide a document attesting to the employees' prior information. The application, together with the necessary supporting documents, shall be forwarded by the employer to the labor inspector.
Weekly Duration
The duration of night work, calculated over a period of 12 continuous weeks, may not exceed 40 hours per week on average.
Daily rest required
The night worker benefits from daily rest from 11 hours taken after the period worked.
Counterparties in the form of compensatory rest are compulsory. A salary increase may be added to the compensatory rest.
An employee who works at night has a certain number of guarantees.
Medical monitoring
Before being assigned to a night shift, the night worker must pass an information and prevention visit.. This visit is carried out by a health professional (working doctor, nurse for example).
The occupational doctor may prescribe additional specialized examinations which are the responsibility of the employer.
Can an employee be forced to work at night?
The change from a day to a night shift is a modification of the employment contract which the employee does not have to accept.
General case
The employer cannot impose night work on a day worker. Assignment to a night shift is a amendment of employment contract the employee is entitled to refuse. If the employee refuses, the employer may cancel the proposed modification of the employment contract or start a redundancy procedure.
Imperious family obligations
If night work is incompatible with pressing family obligations (e.g. childcare), the employee's refusal to work at night does not constitute misconduct or grounds for dismissal..
Return to day position
In some cases, the night worker may be assigned to a day shift.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Imperious family obligations
If night work is incompatible with pressing family obligations (e.g. childcare), the employee may apply to work on a day shift subject to an available position.
For health reasons
If the employee's health condition, as determined by the occupational doctor, so requires, he shall be assigned to a day shift. This position corresponds to his qualification.
At his request or if the occupational doctor recommends it, the pregnant employee or having just given birth has been reclassified to a "day" position.
For personal convenience
If the employee wishes to take up or resume a day job, he shall be given priority for the award of a job belonging to his occupational category or an equivalent job.
The employer shall inform him of the corresponding available jobs.
FYI
this employment priority also applies if a day worker wishes to take up or resume a night shift.
- Labor Code: Articles L3122-1 to L3122-14Use of night work
- Labor Code: Articles L3122-15 to L3122-19Implementation by agreement
- Labor Code: Articles L3122-20 to L3122-24Additional provisions
- Labor Code: Articles R3122-1 to R3122-6Daily maximum time exceeded
- Labor Code: Articles R3122-7 and R3122-8Collective bargaining
- Labor Code: Articles R3122-9 and R3122-10Derogation
- Decree n°2014-1290 of 23 October 2014 on exceptions principle "silence is agreement" after a period of 2 months (work, training and social dialog)Agreement of the labor inspector in case of silence on the application for authorization or derogation for night work
- Labor Code: Article L1225-9An employee who is medically pregnant or who has given birth
FAQ
- Night work of a young person under 18Service-Public.fr
- Gracious, hierarchical, compulsory (Rapo)Service-Public.fr